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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Cod (Specified Sea Area) (Prohibition of Fishing) Order 1988 No. 2196 URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_19882196_en.html |
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Statutory Instruments
SEA FISHERIES
CONSERVATION OF SEA FISH
Made
16th December 1988
Laid before Parliament
16th December 1988
Coming into force
17th December 1988
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fishing industry in Scotland, Wales and Northern Ireland, acting jointly, in exercise of the powers conferred on them by sections 5(1) and 15(3) of the Sea Fish (Conservation) Act 1967(1), and of all other powers enabling them in that behalf, hereby make the following Order:
1.-(1) This Order may be cited as the Cod (Specified Sea Area) (Prohibition of Fishing) Order 1988, shall come into force on 17th December 1988 and shall cease to have effect on 1st January 1989.
(2) In this Order-�
"sea area" means the statistical division of the International Council for the Exploration of the Sea(2) described in the Schedule hereto;
"British fishing boat" means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned.
2. Fishing for cod (Gadus morhua)-�
(a)within any part of the sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
(b)within any part of the sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited.
3.-(1) For the purpose of the enforcement of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) of this article.
(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular-�
(a)may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
(b)may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
(c)for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967(3) as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
(d)where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in subparagraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
(4) Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may-�
(a)require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
(b)detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th December 1988.
L.S.
Trumpington
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
16th December 1988
Peter Walker
Secretary of State for Wales
16th December 1988
Ian Stewart
Minister of State, Northern Ireland Office
15th December 1988
Article 1(2)
The waters bounded by a line beginning at a point on the west coast of Scotland in 55°00' north latitude; thence due west to the coast of Northern Ireland; thence in a southerly direction along the coasts of Northern Ireland and Ireland to a point on the south-east coast of Ireland in 52°00' north latitude; thence due east to the coast of Wales; thence in a north-easterly and northerly direction along the coasts of Wales, England and Scotland to the point of beginning.
(This note is not part of the Order)
This Order prohibits fishing for cod (Gadus morhua)-�
(a)by any British fishing boat registered in the United Kingdom or the Isle of Man within any part of the sea area specified in the Schedule to the Order, or
(b)by any British fishing boat registered in any of the Channel Islands or by any British-owned fishing boat within any part of that sea area which lies inside British fishery limits (article 2).
By virtue of section 5(6) of the Sea Fish (Conservation) Act 1967 (as amended by section 22(2) of the Fisheries Act 1981), where, in the course of any fishing operations conducted in the above-mentioned sea area, cod are taken on board a boat to which this Order applies, those fish shall (subject to section 9 of that Act) be returned to the sea forthwith.
British sea-fishery officers are given enforcement powers in relation to boats to which the Order applies (article 3).
The Order ceases to have effect on 1st January 1989.
1967 c. 84; section 5(1) was substituted by section 22(1) of the Fisheries Act 1981 (c. 29) and, by virtue of S.I. 1973/238, section 5 applies in relation to British fishing boats registered in the Isle of Man as it applies in relation to British fishing boats registered in the United Kingdom; section 15(3) was substituted by paragraph 38(3) of Schedule 1 to the Sea Fisheries Act 1968 (c. 77) and amended by paragraph 16(1) of Schedule 2 to the Fishery Limits Act 1976 (c. 86); section 22(2)(a) which contains a definition of "the Ministers" for the purposes of sections 5 and 15(3) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(b).
Cmnd. 2586.
Sub-section (6) was amended by Section 22(2) of the Fisheries Act 1981. By virtue of sub-section (7), where sub-section (6) is not complied with in the case of any fishing boat, the master, the owner and the charterer (if any) are guilty of an offence under that sub-section.
